Current Status Bill Number:4784 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980311 Primary Sponsor:McKay All Sponsors:McKay, Meacham, Wilkes, Fleming, McGee, Bauer, Rodgers, Lanford, Kelley, Walker, H. Brown, Limehouse, Boan, Kinon, Harrell, Quinn, D. Smith and Harrison Drafted Document Number:jic\5270htc.98 Residing Body:House Current Committee:Ways and Means Committee 30 HWM Subject:Grants Program for Airport Improvements, Aeronautics Division of Commerce Department, Sales tax, jet fuel
Body Date Action Description Com Leg Involved
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House 19980311 Introduced, read first time, 30 HWM
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-1-110, SO AS TO ESTABLISH WITHIN THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE A GRANTS PROGRAM FOR AIRPORT IMPROVEMENTS, TO PROVIDE THAT GRANTS MUST BE MADE FROM THE STATE AVIATION FUND SOLELY FOR THE PURPOSES OF THIS PROGRAM, TO PROVIDE THOSE AIRPORTS ELIGIBLE FOR GRANTS AND DIRECT THE SECRETARY OF COMMERCE TO PROMULGATE REGULATIONS ESTABLISHING THE PROGRAM AND ITS FUNDING CRITERIA, PRIORITIES, AND SELECTION PROCESS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR FUEL USED BY COMMERCIAL AIRCRAFT; AND TO AMEND SECTION 55-5-280, RELATING TO THE STATE AVIATION FUND, SO AS TO ADD TO THE FUND TAX REVENUES ON JET FUEL AND OTHER COMMERCIAL AIRCRAFT FUEL AND TO REQUIRE REVENUES OF THE FUND TO BE USED ONLY FOR THE GRANTS PROGRAM ESTABLISHED BY THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds:
(1) It is the goal of this State to develop an air transportation system that moves people and goods in the safest and most efficient manner. South Carolina's future economic development is dependent on its ability to confront directly the enormous challenges of the national and global economy and the need to improve upon, build, and rebuild the state's air transportation and air navigation system and facilities.
(2) An air transportation system which moves people and goods in the safest and most efficient manner will enhance the state's ability to compete in the national and global marketplace.
(3) Heretofore, the State has not committed its resources to a funding strategy to meet the needs of the state's airports and air navigation system and facilities resulting in potentially unsafe conditions, loss of federal funding opportunities, and lack of competitiveness. Because the state's future economic prosperity depends on the state's ability to compete in the international marketplace, the General Assembly further finds that it is imperative to make a commitment to air transportation and air navigation infrastructure for the good of the State.
(4) A commitment to fund the state's air transportation and air navigation facilities is necessary to take full and appropriate advantage of available resources provided by the Federal Aviation Administration.
SECTION 2. Chapter 1, Title 55 of the 1976 Code is amended by adding:
"Section 55-1-110. (A) There is established within the Aeronautics Division of the Department of Commerce a program of grants to:
(1) plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, and regulate airports;
(2) establish, build, maintain and extend runways, taxiways, aprons, ramps, terminals, maintenance strips, access roads, utilities systems, and other facilities necessary for the safe and efficient transportation of people and goods by air.
(B) Sponsors of publicly-owned airports for public use are eligible to receive grants under this section, but the airport must have a current development plan that meets the planning requirements of the National Plan of Integrated Airports Systems.
(C) The Secretary of Commerce shall promulgate regulations establishing the grants program that at a minimum address:
(1) priorities among improvements qualifying for grants;
(2) an airport selection process to ensure an equitable distribution of funds among eligible airports;
(3) the criteria for distribution of funds among eligible airports.
(D) Revenues of the State Aviation Fund established pursuant to Section 55-5-280 must be used solely for the purposes provided in this section."
SECTION 3. Section 12-36-2120(9) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(9) coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:
(a) use or consumption in the production of by-products;
(b) the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, 'manufacturer' or 'manufacturing' includes the activities of a processor;
(c) the generation of electric power or energy for use in manufacturing tangible personal property for sale; or
(d) the generation of motive power for transportation.
For the purposes of this exemption, 'manufacturer' or 'manufacturing' includes the activities of mining and quarrying;
However, the exemption allowed by this subitem does not extend to jet fuel and all forms of petroleum distillates and derivatives used as fuel to power aircraft used by commercial aircraft to carry passengers, cargo, or both passengers and cargo."
SECTION 4. Section 55-5-280 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-5-280. All moneys monies received from licensing of airports, landing fields, or air flight schools, the tax taxes on aviation gasoline, jet fuel and all forms of petroleum distillates and derivatives used as fuel to power aircraft, and fees for other licenses issued under this chapter shall must be paid into the State Treasury and credited to the fund known as the 'State Aviation Fund'. Revenues credited to this fund must be used only as provided in Section 55-1-110."
SECTION 5. This act takes effect on the first day of the second month following approval by the Governor.